Title 49—Transportation--Volume 1
PART 1552—FLIGHT TRAINING SECURITY PROGRAM
§ 1552.1   Scope.
This part includes requirements for the following persons:
(a) Persons who provide flight training or flight training equipment governed by 49 U.S.C. subtitle VII, part A, to any individual.
(b) Persons who lease flight training equipment.
(c) Non-U.S. citizens who apply for or participate in flight training.
(d) U.S. citizens and U.S. nationals who participate in flight training.
§ 1552.3   Terms used in this part.
In addition to the terms in §§ 1500.3 and 1540.5 of this chapter, the following terms apply to this part:
Aircraft simulator means a flight simulator or flight training device, as those terms are defined under 14 CFR part 61. Simulated flights for entertainment purposes or personal computer, video game, or mobile device software programs involving aircraft flight are not aircraft simulators for purposes of the requirements in this part.
Candidate means a non-U.S. citizen who applies for flight training or recurrent training from a flight training provider. The term does not include foreign military personnel who are endorsed for flight training by the U.S. Department of Defense (DoD), as described in § 1552.7(a)(2); and does not include a non-U.S. citizen providing in-aircraft or in-simulator services or support to another candidate's training event (commonly referred to as “side-seat support”) if the individual providing this support holds a type rating or other set of pilot certificates required to operate the aircraft or simulator in which the supported individual is receiving instruction.
Demonstration flight for marketing purposes means a flight for the purpose of demonstrating aircraft capabilities or characteristics to a potential purchaser; an orientation, familiarization, discovery flight for the purpose of demonstrating a flight training provider's training program to a potential candidate; or an acceptance flight after an aircraft manufacturer delivers an aircraft to a purchaser.
DoD means the Department of Defense.
DoD endorsee means a non-U.S. citizen who is or will be employed as a pilot by a foreign military, endorsed by the DoD or one of its component services, and validated by a DoD attaché for flight training as required by § 1552.7(a)(2).
Determination of Eligibility means a finding by TSA, upon completion of a security threat assessment, that an individual meets the standards of a security threat assessment, and is eligible for a program, benefit, or credential administered by TSA.
Determination of Ineligibility means a finding by TSA, upon completion of a security threat assessment, that an individual does not meet the standards of a security threat assessment, and is not eligible for a program, benefit, or credential administered by TSA.
Flight training means instruction in a fixed-wing or rotary-wing aircraft or aircraft simulator that is consistent with the requirements to obtain a new skill, certificate, or type rating, or to maintain a pilot certificate or rating. For the purposes of this rule, flight training does not include instruction in a balloon, glider, ultralight, or unmanned aircraft; ground training; demonstration flights for marketing purposes; simulated flights for entertainment purposes; or any flight training provided by the DoD, the U.S. Coast Guard, or any entity providing flight training under a contract with the DoD or the Coast Guard.
Flight training provider means—
(1) Any person that provides instruction under 49 U.S.C. subtitle VII, part A, in the operation of any aircraft or aircraft simulator in the United States or outside the United States, including any pilot school, flight training center, air carrier flight training facility, or individual flight instructor certificated under 14 CFR parts 61, 121, 135, 141, or 142;
(2) Similar persons certificated by foreign aviation authorities recognized by the Federal Aviation Administration (FAA), who provide flight training services in the United States; and
(3) Any lessor of an aircraft or aircraft simulator for flight training, if the person leasing their equipment is not covered by paragraph (1) or (2) of this definition.
Flight training provider employee means an individual who provides services to a flight training provider in return for financial or other compensation, or a volunteer, and who has direct contact with flight training students and candidates. A flight training provider employee may be an instructor, other authorized representative, or independent contractor.
Flight Training Security Program (FTSP) means the TSA program that provides regulatory oversight of the requirements in this part and provides related resources for individuals within the scope of this part.
FTSP Portal means a website that must be used to submit and receive certain information and notices as required by this part.
FTSP Portal account means an account created to access the FTSP Portal.
Recurrent training means
(1) Periodic flight training—
(i) Required for certificated pilots under 14 CFR parts 61, 121, 125, 135, or subpart K of part 91 to maintain a certificate or type rating; or
(ii) Similar training required by a civil aviation authority recognized by the FAA and conducted within the United States and its territories.
(2) Recurrent training does not include—
(i) Training that may be credited toward a new certificate or a new type rating; or
(ii) Checks or tests that do not affect the validity of the certificate(s) or the qualifications of a type rating.
Security threat means an individual determined by TSA to pose or to be suspected of posing a threat to national security, to transportation security, or of terrorism.
Security threat assessment means both a product and process of evaluating information regarding an individual seeking or holding approval for a program administered by TSA, including criminal, immigration, intelligence, law enforcement, and other security-related records, to verify the individual's identity and to determine whether the individual meets the eligibility criteria for the program. An individual who TSA determines is a security threat, or who does not otherwise meet the eligibility criteria for the program, is ineligible for that program.
Simulated flight for entertainment purposes means a ground-based aviation experience offered exclusively for the purpose of entertainment by a person that is not a flight training provider. Any simulated aviation experience that could be applied or credited toward an airman certification is not a simulated flight for entertainment purposes.
Type rating means an endorsement on a pilot certificate that the holder of the certificate has completed the appropriate training and testing required by a civil or military aviation authority to operate a certain make and type of aircraft.
§ 1552.5   Applicability.
Each of the following persons must comply with the requirements in this part:
(a) Any individual applying for flight training or recurrent flight training from a flight training provider;
(b) Flight training providers;
(c) Flight training provider employees; and
(d) Persons using a leased aircraft simulator to provide flight training as follows:
(1) If one or more persons using the leased aircraft simulator to provide flight training is certificated by the FAA as a flight instructor, then at least one of those certificated persons must register with TSA as a flight training provider and comply with the requirements of this part; or
(2) If one or more persons using a leased aircraft simulator to provide flight training are neither registered with TSA as a flight training provider nor certificated by the FAA as an instructor, then the lessor of the aircraft simulator must register with TSA as a flight training provider and comply with the requirements of this part.
§ 1552.7   Verification of eligibility.
(a) No flight training provider may provide flight training or access to flight training equipment to any individual before establishing that the individual is a U.S. citizen, U.S. national, DoD endorsee, or candidate with a valid Determination of Eligibility resulting from a TSA-accepted security threat assessment completed in accordance with subpart B of this part.
(1) To establish that an individual is a U.S. citizen or a U.S. national, each flight training provider must examine the individual's government-issued documentation as proof of U.S. citizenship or U.S. nationality. A student who claims to be a U.S. citizen or a U.S. national and who fails to provide valid, acceptable identification documents must be denied flight training. A list of acceptable identification documents may be found on the FTSP Portal.
(2) To establish that an individual has been endorsed by the DoD to receive U.S. Government-sponsored flight training in the United States, each flight training provider must use the FTSP Portal to confirm that the endorsee's government-issued photo identification matches the information provided in the U.S. DoD endorsement available on the FTSP Portal. A DoD endorsee is exempt from the requirement to undergo the security threat assessment required by this part if the DoD attaché with jurisdiction for the foreign military pilot's country of citizenship has notified TSA through the FTSP Portal that the pilot may participate in U.S. Government-sponsored flight training.
(3) To establish that a candidate has undergone a TSA-accepted security threat assessment, each flight training provider must use the FTSP Portal to confirm that TSA has issued a Determination of Eligibility to that candidate and that the determination is valid.
(b) Each flight training provider must immediately terminate a candidate's participation in all ongoing or planned flight training events when TSA either sends a Determination of Ineligibility for that candidate or notifies the flight training provider that the candidate presents a security threat.
(c) Each flight training provider must acknowledge through the FTSP Portal receipt of any of the following TSA notifications: Determination of Ineligibility; Candidate Security Threat; and Deny Candidate Flight Training.
(d) Each flight training provider must notify TSA if the provider becomes aware that a candidate is involved in any alleged criminal disqualifying offenses, as described under § 1544.229(d) of this subchapter; is no longer permitted to remain in the United States, as described in § 1552.35; or has reason to believe the individual otherwise poses a security threat.
§ 1552.9   Security Coordinator.
(a) Designation of a Security Coordinator. Each flight training provider must designate and use a primary Security Coordinator. The Security Coordinator must be designated at the corporate level.
(b) Notification to TSA. Each flight training provider must provide to TSA the names, title(s), phone number(s), and email address(es) of the Security Coordinator and the alternate Security Coordinator(s), as applicable, no later than November 1, 2024. Once a flight training provider has notified TSA of the contact information for the designated Security Coordinator and the alternate Security Coordinator(s), as applicable, the provider must notify TSA within 5 days of any changes in any of the information required by this section. This information must be provided through the FTSP Portal.
(c) Role of Security Coordinator. Each flight training provider must ensure that at least one Security Coordinator—
(1) Serves as the primary contact for intelligence information and security-related activities and communications with TSA. Any individual designated as a Security Coordinator may perform other duties in addition to those described in this section.
(2) Is accessible to TSA on a 24-hours a day, 7 days a week basis.
(3) Coordinates security practices and procedures internally, and with appropriate law enforcement and emergency response agencies.
(d) Training for Security Coordinator. Security Coordinator must satisfactorily complete the security awareness training required by § 1552.13, and have the resources and knowledge necessary to quickly contact the following, as applicable:
(1) Their local TSA office;
(2) The local Federal Bureau of Investigation (FBI) office; and
(3) Local law enforcement, if a situation or an individual's behavior could pose an immediate threat.
§ 1552.11   [Reserved]
§ 1552.13   Security awareness training.
(a) Each flight training provider must ensure that each flight training provider employee who has direct contact with flight students completes a security awareness training program that meets the requirements of this section.
(b) Each flight training provider must ensure that each flight training provider employee who has direct contact with flight students receives initial security awareness training within 60 days of hiring. At a minimum, initial security awareness training must—
(1) Require direct participation by the flight training provider employee receiving the training, either in person or through an online training module;
(2) Provide situational scenarios requiring the flight training provider employee receiving the training to assess specific situations and determine appropriate courses of action; and
(3) Contain information that enables a flight training provider employee to identify the following:
(i) Any restricted areas of the flight training provider or airport where the flight training provider operates and individuals authorized to be in these areas or in or on equipment, including designations such as uniforms or badges unique to the flight training provider and required to be worn by employees or other authorized persons.
(ii) Behavior that may be considered suspicious, including, but not limited to—
(A) Excessive or unusual interest in restricted airspace or restricted ground structures by unauthorized individuals;
(B) Unusual questions or interest regarding aircraft capabilities;
(C) Aeronautical knowledge inconsistent with the individual's existing airman credentialing; and
(D) Sudden termination of instruction by a candidate or other student.
(iii) Indications that candidates are being trained without a Determination of Eligibility or validation of exempt status.
(iv) Behavior by other persons on site that may be considered suspicious, including, but not limited to—
(A) Loitering on or around the operations of a flight training provider for extended periods of time; and
(B) Entering “authorized access only” areas without permission.
(v) Circumstances regarding aircraft that may be considered suspicious, including, but not limited to—
(A) Unusual modifications to aircraft, such as the strengthening of landing gear, changes to the tail number, or stripping of the aircraft of seating or equipment;
(B) Damage to propeller locks or other parts of an aircraft that is inconsistent with the pilot training or aircraft flight log; and
(C) Dangerous or hazardous cargo loaded into an aircraft.
(vi) Appropriate flight training provider employee responses to specific situations and scenarios, including—
(A) Identifying suspicious behavior requiring action, such as identifying anomalies within the operational environment considering the totality of the circumstances, and appropriate actions to take;
(B) When and how to safely question an individual if the individual's behavior is suspicious; and
(C) Informing a supervisor and the flight training provider's Security Coordinator, if a situation or an individual's behavior warrants further investigation.
(vii) Any other information relevant to security measures or procedures unique to the flight training provider's business, such as threats, past security incidents, or a site-specific TSA requirement.
(c) All flight training providers must ensure that each employee receives refresher security awareness training at least every 2 years. At a minimum, a refresher security awareness training program must—
(1) Include all the elements from the initial security awareness training;
(2) Provide instruction on any new security measures or procedures implemented by the flight training provider since the last security awareness training program;
(3) Relay information about recent security incidents at the flight training provider's business, if any, and any lessons learned as a result of such incidents;
(4) Cover any new threats posed by, or incidents involving, general or commercial aviation aircraft; and
(5) Provide instruction on any new TSA requirements concerning the security of general or commercial aviation aircraft, airports, or flight training operations.
(d) Flight training providers who must conduct security awareness training under part 1544 or 1546 of this subchapter may deliver that training in lieu of compliance with paragraphs (a) through (c) of this section.
§ 1552.15   Recordkeeping.
(a) Retention. Except as provided in paragraph (e) of this section, each flight training provider subject to the requirements in this part must, at a minimum, retain the records described in this section to demonstrate compliance with TSA's requirements and make these records available to TSA upon request for inspection and copying.
(b) Employee records. Each flight training provider required to provide security awareness training under § 1552.13 must—
(1) Retain security awareness training records for each employee required to receive training that includes, at a minimum—
(i) The employee's name;
(ii) The dates the employee received security awareness training;
(iii) The name of the instructor or manager for training; and
(iv) The curricula or syllabus used for the most recently provided training that establishes the training meets the criteria specified in § 1552.13.
(2) Retain records of security training for no less than 1 year after the individual is no longer an employee.
(3) Provide records to current and former employees upon request and at no charge as necessary to provide proof of training. At a minimum, the information provided must include—
(i) The information in paragraph (b)(1) of this section, except that, in lieu of providing the curriculum or syllabus, the flight training provider may provide a statement certifying that the training program used by the flight training provider met the criteria specified in § 1552.13; and
(ii) The signature or e-signature of an authorized official of the provider.
(4) A flight training provider that conducts security awareness training under parts 1544 or 1546 of this subchapter may retain that documentation in lieu of compliance with this section.
(c) Records demonstrating eligibility for flight training for U.S. citizens and U.S. nationals. (1) Each flight training provider must maintain records that document the provider's verification of U.S. citizenship or U.S. nationality as described in § 1552.7(a)(1).
(2) Each flight training provider may certify that verification of U.S. citizenship or U.S. nationality occurred by making the following endorsement in both the instructor's and the student's logbooks: “I certify that [insert student's full name] has presented to me a [insert type of document presented, such as U.S. birth certificate or U.S. passport, and the relevant control or sequential number on the document, if any] establishing that [the student] is a U.S. citizen or U.S. national in accordance with 49 CFR 1552.7(a). [Insert date and the instructor's signature and certificate number.]”
(3) In lieu of paragraph (c)(1) or (2) of this section, the flight training provider may make and retain copies of the documentation establishing an individual as a U.S. citizen or U.S. national.
(d) Leasing agreements. Each flight training provider must retain all lease agreement records for aircraft simulators leased from another person, as identified under this section, as necessary to demonstrate compliance with the requirements of this part.
(e) Records maintenance. (1) With the exception of the retention schedule for training records required under paragraph (b)(2) of this section, all records required by this part must be maintained electronically using methods approved by TSA or as paper records for at least 5 years after expiration or discontinuance of use.
(2) A flight training provider that uses its FTSP Portal account to confirm or manage the following records is not required to maintain separate electronic or paper copies of the following records:
(i) Security awareness training records;
(ii) Security Coordinator training records;
(iii) Verification of U.S. citizenship or U.S. nationality;
(iv) Verification of DoD Endorsee identity; or
(v) Aircraft or aircraft simulator lease agreements.
§ 1552.17   FTSP Portal.
(a) Candidates must obtain an FTSP Portal account and use the FTSP Portal to submit the information and fees necessary to initiate a security threat assessment under subpart B of this part.
(b) Flight training providers who provide flight training to candidates must obtain an FTSP Portal account and use the FTSP Portal to notify TSA of all candidate flight training events and confirm that a candidate is eligible for flight training. The flight training provider also may use the FTSP Portal for other recordkeeping purposes related to the requirements in § 1552.15.
(c) The FTSP Portal account administrator for flight training providers who operate under 14 CFR part 61, either as an individual certified flight instructor, or for a group of certified flight instructors, must be an FAA certificate holder. The FTSP Portal account administrator for flight training providers who operate under 14 CFR parts 121, 135, 141, and 142 is not required to be an FAA certificate holder.
(d) TSA may suspend a flight training provider's access to the FTSP Portal at any time, without advance notice.
§ 1552.19   Fraud, falsification, misrepresentation, or omission.
If an individual covered by this part commits fraud, makes a false statement or misrepresentation, or omits a material fact when submitting any information required under this part, the individual may be—
(a) Subject to fine or imprisonment or both under Federal law, including, but not limited to, 18 U.S.C. 1001 and 49 U.S.C. 46301;
(b) Denied a security threat assessment under this chapter; and/or
(c) Subject to other enforcement or administrative action, as appropriate, including, but not limited to, proceedings under § 1540.103 of this subchapter.
§ 1552.31   Security threat assessment required for flight training candidates.
(a) Scope of security threat assessment. Each candidate must complete a security threat assessment and receive a Determination of Eligibility from TSA prior to initiating flight training.
(b) Information required. To apply for a security threat assessment, each candidate must submit the following, in a form and manner acceptable to TSA—
(1) Biographic and biometric information determined by TSA to be necessary for conducting a security threat assessment;
(2) Identity verification documents; and
(3) The applicable security threat assessment fee identified in § 1552.39.
(c) TSA Determination of Eligibility. TSA may issue a Determination of Eligibility to the flight training provider after conducting a security threat assessment of the candidate that includes, at a minimum—
(1) Confirmation of the candidate's identity;
(2) A check of relevant databases and other information to determine whether the candidate may pose or poses a security threat and to confirm the individual's identity;
(3) An immigration check; and
(4) An FBI fingerprint-based criminal history records check to determine whether the individual has a disqualifying criminal offense in accordance with the requirements of § 1544.229 of this subchapter.
(d) Term of TSA Determination of Eligibility. (1) The TSA Determination of Eligibility expires 5 years after the date it was issued, unless—
(i) The candidate commits a disqualifying criminal offense described in § 1544.229(d) of this subchapter and, in such case, the Determination of Eligibility expires on the date the candidate was convicted or found not guilty by reason of insanity;
(ii) TSA determines that the candidate poses a security threat; or
(iii) The candidate's authorization to remain in the United States expires earlier than 5 years and, in such case, the Determination of Eligibility expires on the date that the candidate's authorization to remain in the United States expires. Candidates may extend the term of their Determination of Eligibility up to a total of 5 years by submitting updated documentation of authorization to remain in the United States.
(2) No candidate may engage in flight training after the expiration of the candidate's Determination of Eligibility.
(e) Processing time. TSA will process complete security threat assessment applications within 30 days.
(f) Correction of the record. A Determination of Ineligibility made by TSA on the basis of a candidate's complete and accurate record is final. If the Determination of Ineligibility was based on a record that the candidate believes is erroneous, the candidate may correct the record by submitting all missing or corrected documents, plus all additional documents or information that TSA may request, within 180 days of TSA's initial determination.
§ 1552.33   [Reserved]
§ 1552.35   Presence in the United States.
(a) A candidate may be eligible to participate in flight training if the candidate—
(1) Is lawfully admitted to the United States, or entered the United States and has been granted permission to stay by the U.S. Government, or is otherwise authorized to be employed in the United States; and
(2) Is within their period of authorized stay in the United States.
(b) A candidate who has yet to obtain a valid document issued by the United States evidencing eligibility to take flight training may be issued a preliminary Determination of Eligibility pending the individual's ability to provide proof of eligibility.
(c) A candidate who engages in a flight training event that takes place entirely outside the United States is not required to provide eligibility for flight training in the United States, but must provide any United States visas held by the candidate.
(d) Any history of denial of a United States visa may be a factor in determining whether a candidate is eligible to participate in flight training, regardless of training location.
§ 1552.37   Comparable security threat assessments.
(a) TSA may accept the results of a comparable, valid, and unexpired security threat assessment, background check, or investigation conducted by TSA or by another U.S. Government agency, which TSA generally describes as a Determination of Eligibility. A candidate seeking to rely on a comparable security threat assessment must submit documents confirming their Determination of Eligibility through the FTSP Portal, including the biographic and biometric information required under § 1552.31. TSA will post a list of acceptable comparable security threat assessments on the FTSP Portal.
(b) TSA will charge a fee to cover the costs of confirming a comparable security threat assessment, but this fee may be a reduced fee.
(c) An FTSP reduced-fee security threat assessment based on a comparable security threat assessment will be valid in accordance with § 1552.31.
§ 1552.39   Fees.
(a) Imposition of fees. (1) A candidate must remit the fees required by this part, as determined by TSA, which will be published through notice in the Federal Register and posted on the FTSP Portal.
(2) Changes to the fee amounts will be published through notice in the Federal Register and posted on the FTSP Portal.
(3) TSA will publish the details of the fee methodology in the rulemaking docket.
(b) Refunding fees. TSA will not issue fee refunds unless the fee is paid in error.
§ 1552.51   Notification and processing of flight training events.
(a) Notification of flight training events. Each flight training provider must notify TSA through the FTSP Portal of all proposed and actual flight training events scheduled by a candidate, without regard to whether that training is intended to result in certification.
(b) Training event details. Each flight training provider must include the following information with each flight training event notification:
(1) Candidate name;
(2) The rating(s) that the candidate could receive upon completion of the flight training, if any;
(3) For recurrent flight training, the type rating for which the recurrent training is required;
(4) Estimated start and end dates of the flight training; and
(5) Location(s) where the flight training is anticipated to occur.
(c) Acknowledgement. TSA will acknowledge receipt of the information required by paragraphs (a) and (b) of this section.
(d) Candidate photograph. When the candidate arrives for training, each flight training provider must take a photograph of the candidate and must upload it to the FTSP Portal within 5 business days of the date that the candidate arrived for flight training.
(e) Waiting period. Each flight training provider may initiate flight training if more than 30 days have elapsed since TSA acknowledged receipt of the information required by paragraphs (a) and (b) of this section.
(f) Waiting period for expedited processing. A flight training provider may initiate flight training if:
(1) More than 5 business days have elapsed since TSA acknowledged receipt of the information required by paragraphs (a) and (b) of this section; and
(2) TSA has provided confirmation in its acknowledgement to the flight training provider that the candidate is eligible for expedited processing. A candidate is eligible for expedited processing if the candidate has provided proof to TSA that the candidate—
(i) Holds an FAA airman certificate with a type rating;
(ii) Holds an airman certificate, with a type rating, from a foreign country that is recognized by an agency of the United States, including a military agency;
(iii) Is employed by a domestic or foreign air carrier that has an approved security program under parts 1544 or 1546 of this subchapter, respectively;
(iv) Is an individual that has unescorted access to a secured area of an airport as determined under part 1542 of this subchapter; or
(v) Is a lawful permanent resident.
(g) Update training event details. Each flight training provider must update on the FTSP Portal the following information for each reported flight training event:
(1) Actual start and end dates.
(2) Actual training location(s).
(3) Notification if training was not completed, to include a brief description of why the training was not completed, e.g., cancellation by the provider or the candidate, failure of the candidate to meet the required standard, or abandonment of training by the candidate.